What was Tenancy Tribunal case 5287659 about?

The tribunal order states: The Tribunal orders suppression of all names and identifying details.

How much money was awarded in case 5287659?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5287659?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5287659?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12566638-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5287659 about?

The tribunal order states: The Tribunal orders suppression of all names and identifying details.

How much money was awarded in case 5287659?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5287659?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5287659?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12566638-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5287659 — Boarding House

Tenantcheck Insights

Order

The Tribunal orders suppression of all names and identifying details.

The Residential Tenancies Act 1986 “(RTA”) is excluded from applying under s 5(1)(n) RTA as the principal use of the premises is as a place of residence for the landlord. The Tribunal has no jurisdiction to hear and determine the applications filed with it.

The tenant application is struck out.

Reasons

Both parties attended the hearing, conducted via teleconference.

The hearing initially considered the issue of the Tribunals jurisdiction only. The alleged landlord challenged it, claiming the applicant was a boarder in a room in her house.

The parties seemed in agreement as to their living arrangements during the stay. The applicant had exclusive use of one bedroom. Shared facilities or amenities included cooking facilities, toilet and shower, the living room, laundry and the outside areas.

Section 5(1)(n) RTA provides that the Act will not apply; “Where the premises, not being a boarding house, continue to be used, during the tenancy, principally as a place of residence by the landlord or the owner of the premises or by any member of the landlord’s or owners’ family.”

The premises were not being used as a boarding house.

The District Court in Musson v Dobrisek DC Lower Hutt, CIV- 2006-032-36, 5 May 2006, held that the correct question for the Tribunal to answer when considering s 5(1)(n) RTA is... “Is the principal use of these premises as a place of residence by the landlord” [or family]

I believe this is clearly a case where the exclusion by s 5(n) RTA applies. This is the owner’s home. Even if she was away at times, her son was living there.

The application must be struck out.

Both parties were keen to resolve the matter rather than pursue a determination through the Disputes Tribunal. Given the parties were together I permitted the discussion to continue. They concluded with an agreement to settle. I can make no order regarding their agreement but with their consent I record here that the respondent will pay the applicant $210.00 and in doing so resolves any dispute between the party as raised in this application.

Given this application is struck out for lack of jurisdiction, and any determination by the more appropriate Disputes Tribunal would have not named the parties, I apply my initiative under s 95A RTA to suppress all details.

Order

The Tribunal orders suppression of all names and identifying details.

The tenant application is struck out.

Reasons

Both parties attended the hearing, conducted via teleconference.

The hearing initially considered the issue of the Tribunals jurisdiction only. The alleged landlord challenged it, claiming the applicant was a boarder in a room in her house.

The premises were not being used as a boarding house.

I believe this is clearly a case where the exclusion by s 5(n) RTA applies. This is the owner’s home. Even if she was away at times, her son was living there.

The application must be struck out.

Tenancy Tribunal case 5287659 — Boarding House

At a glance

Tenancy Tribunal case 5287659 — Boarding House

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions